Unite Here International Union v. Sky Chefs, Inc.

Filing 65

JUDGMENT AND PERMANENT INJUNCTION by Judge Percy Anderson. Pursuant to the Findings of Fact and Conclusions of Law issued by the Court on August 29, 2024, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: Defendant Sky Chefs, Inc. ("Sky Chefs&qu ot; or "Defendant") shall, during its next regular open enrollment period in November 2024, for the plan year beginning on January 1, 2025, offer to its employees working at Los Angeles International Airport ("LAX") subject to the Master National Agreement ("MNA") between Sky Chefs and plaintiff Unite Here International Union ("Unite Here" or "Union"), the option of enrolling in a Consumer-Driven Health Plan ("CDHP") and Copay Plan that are substantially identical to those Sky Chef offered to its LAX employees prior to April 1, 2022. Unite Here shall recover from Sky Chefs its costs of suit. (SEE DOCUMENT FOR FURTHER DETAILS). (MD JS-6. Case Terminated). (aco)

1

JS-6

2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12

UNITE HERE INTERNATIONAL
UNION,
Plaintiff,

13
14
15

No. CV 22-1938 PA (PVCx)
JUDGMENT AND PERMANENT
INJUNCTION

v.
SKY CHEFS, INC.,
Defendant.

16
17
18
19
20

Pursuant to the Findings of Fact and Conclusions of Law issued by the Court on
August 29, 2024, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:
1.

Defendant Sky Chefs, Inc. (“Sky Chefs” or “Defendant”) shall, during its next

21

regular open enrollment period in November 2024, for the plan year beginning on January 1,

22

2025, offer to its employees working at Los Angeles International Airport (“LAX”) subject

23

to the Master National Agreement (“MNA”) between Sky Chefs and plaintiff Unite Here

24

International Union (“Unite Here” or “Union”), the option of enrolling in a

25

Consumer-Driven Health Plan (“CDHP”) and Copay Plan that are substantially identical to

26

those Sky Chef offered to its LAX employees prior to April 1, 2022.

27
28

2.

For those employees who choose either no health plan or a health plan with an

employer share that when combined with the hourly rate of pay falls below the “full cash

1

wage” of the applicable Living Wage Ordinance (“LWO”) adopted by the City of Los

2

Angeles, Sky Chefs shall, beginning on January 1, 2025, pay the “market rate adjustment” it

3

had previously paid to compensate employees earning a set minimum base pay for any

4

difference between the LWO’s hourly health benefit payment and the hourly value of the

5

healthcare with which they are actually provided.

6

3.

Sky Chefs may, but is not required to, continue to offer the “LAX Copay Plan”

7

it began offering on April 1, 2022. Sky Chefs may not require its employees to elect the

8

LAX Copay Plan option.

9
10
11

4.

This Judgment and Permanent Injunction does not in any way replace,

supersede, or otherwise interfere with any enforcement remedies available under the LWO.
5.

The injunctive relief provided for in this Judgment and Permanent Injunction

12

shall remain in place until the earlier of either: (A) the parties agree on an alternative

13

resolution; or (B) Sky Chefs has exhausted the dispute resolution procedures set forth in the

14

Railway Labor Act concerning the dispute encompassed by this action.

15

6.

Unite Here shall recover from Sky Chefs its costs of suit.

16
17

The Clerk is ordered to enter this Judgment.

18
19

DATED: August 29, 2024

_________________________________
District Judge
UNITED STATES DISTRICT JUDGE

20
21
22
23
24
25
26
27
28
-2-